HomeMy WebLinkAboutORD 0845 (1981) ORDINANCE NO. 845
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, AMENDING THE TUSTIN CITY
CODE RELATIVE TO NOISE CONTROL.
The City Council of the City of Tustin does hereby ordain that the
Tustin City Code be amended as follows:
I. Section 46'12 "Commercial Property" is amended to read as
fol 1 ows:
"Commercial Property. A parcel of real property which is
developed and zoned either in part or in whole for commercial
purposes, including, but not limited to retail and wholesale
businesses, and professional offices, but excluding home
occupation uses as authorized by City Ordinance No. 330."
II. Section 4612 "Industrial Property" is amended to read as
fol 1 ows:
"Industrial Property. A parcel of real property which is
developed and zoned either in part or in whole for
manufacturing purposes, including research and development
uses, but excluding home .occupation cases as authorized by City
Ordinance No. 330 ."
III. Section 4612 "Residential Property" is amended to read as
fol 1 ows:
"Residential Property. A parcel of real property which is
developed and zoned either in part or in whole for residential
,,
purposes, other than transient uses such as hotels and motels.
IV. Section 4614(a) is amended to read as follows:
"The following 'noise standards, unless otherwise specifically
indicated, shall apply to all property within a designated
noise zone."
Noise Standards
Noise Zone Noise Level Time Period
1 55 dB(A) 7 a.m. - 10 p.m.
50 dB(A) 10 p.m. - 7 a.m.
2 60 dB(A) any time
3 70 dB(A) any time
4 55 dB(A) any time
In the event the alleged offensive noise consists of impact
noise, simple tone noise, speech, music, or any combination
thereof, each of the above noise levels shall be reduced by 5
dB(A).
V. Section 4614(b) is amended to read as follows:
"It shall be unlawful for any person at any location within the
incorporated area of the city to create any noise, or to allow
the creation of any noise on property owned, leased, occupied,
or otherwi se control 1 ed by such person, when the foregoing
causes the noise level, when measured on any other property to
exceed:
1. The noise standard for a cumulative period of more than
thirty {30) minutes in any hour; or
2. The noise standard plus 5 dB(A) for a cumulative period of
more than fifteen (15) minutes in any hour; or
3. The noise standard plus 10 dB(A) for a cumulative period of
.~I ~i"> ~ than five (5) minutes in any hour; or
Ordinance No. 845
page 2.
4. The noise standard plus 15 dB(A) for a cumulative period of
more than one (1) minute in any hour; or
5. The noise standard plus 20 dB(A) for any period of time."
VI. Section 4615(a) is amended to read as folows:
"The following interior noise standards, unless otherwise
specifically indicated, shall apply to all property within a
designated noise zone:
Interior Noise Standards
Noise Zone Noise Level Time Period
1 55 dB(A) 7 a.m. - 10 p.m.
45 dB(A) 10 p.m. - 7 a.m.
In the event the alleged offensive noise consists of impact
noise, simple tone noise, speech, music, or any combination
thereof, each of the above noise levels shall be reduced by 5
dB(A).
VII. Section 4616 is amended tb read as follows:
"It shal 1 be unl awful for any person to make,
continue, cause to allow to be made or continued
for any amount of time the following acts and things
which are in excess of the levels described in sections
4614 and 4615, and which are hereby declared to be un-
necessary, excessive and annoying in violation of this
Arti cl e:
1. Loudspeakers, amplifiers for advertising.
The using, operating or permitting to be played, used, or
operated of any radio receiving set, 'musical instrument,
phonograph, loudspeaker, sound amplifier, or other machine
or device for the producing or reproducing of sound which
is cast upon the public streets for the purpose of
commercial advertising or attracting the attention of the
public to any commercial building or structure.
2. Construction or repairing of buildings.
The erection (including excavating), demol iton, alteration
or repair of any building other than between the hours of 7
a.m. and 6 p.m. on week days, except in case of urgent
necessity in the interest of public health and safety, and
then only with a permit from the building official, which
permit may be granted for a period not to exceed three (3)
days or less while the emergency continues and which permit
may be renewed for period of three (3) days or less while
the emergency continues. If the building official should
determine that the acti vi ty wi 11 be i n substantial
conformance with the intent of this ordinance and that the
public health and safety will not be impaired by the
erection, demoliton, alteration or repair of any building
or the excavation of streets and highways within the hours
of 6 p.m. and 7 a.m. and between any and all hours on
Saturdays and Sundays, he may grant permission for such
work to be done within the hours of 6 p.m. and 7 a.m. and
between any and all hours on Saturdays and Sundays, upon
application being made at the time the permit for the work
is awarded or during the progress of the work.
Ordinance No.845
page 3.
VIII. Section 4621 is amended to read as follows:
"The Orange county Health Officer and his duly authorized
representatives, the Tustin Police Chief and his authorized
representatives and the Tustin Building Official and such
' '
city employes as designated by the City Chief Administration
Officer, are hereby empowered to, and it shall be their duty
to, enforce the provisions of this chapter, and the. provisions
of Title 4, Division 6 of the Codified Ordinances of the county
of Orange, adopted hereby by reference. Said officials,
representatives and employees are also authorized pursuant to
California Penal Code Section 836.5, to arrest any person
without a warrant when they have reasonable cause to believe
that such person has committed a misdemeanor in their presence.
No person shall interfere with, oppose or resist any authorized
person charged with enforcement of this Chapter while such
person is engaged in the performance of his duty."
IX. Section 4625 is amended to read as follows:
"Any person violating any of the provisions of this chapter
shall be deemed guilty of a misdemeanor. Each day such
violation is committed or permitted to continue shall
constitute a separate offense and shall be punishable as such.
The provisions of this Chapter shall not be construed as
permitting conduct not prescribed herein and shall not affect
the enforceability of any other applicable provisions of law."
PASSED AND ADOPTED at a regular meeting of the Tustin City Council,
held on the 18th day of May , 1981.
Mayor
ATTEST:
Mary E. IO'nn
City C1 erk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of
the City Council of the City of Tustin is five; that the above and foregoing
Ordinance No. 8_4~5 was duly and regularly introduced and read at a regular. meeting
of the .City Council held on the 4th day of Ma~,_~98~l, and was given its second
reading and duly passed and adopted'at a regular meeting held on the 18th
day of _May, 1981, by the following vote:
AYES : COUNCILPERSONS: Saltarelli, Edgar, Hoesterey, S~arp, Kennedy
NOES : COUNCILPERSONS: None
ABSENT: COUNCILPERSON S: None
PUBLISH TUSTIN NEWS:
May 28, 1981